Constitution Law

A detailed illustration of a courthouse with constitutional elements, like the Bill of Rights, surrounding it. Include diverse individuals engaged in discussions or studying legal texts.

Constitution Law Quiz

Test your knowledge of Constitutional Law with our comprehensive quiz! Covering key topics such as the 1st Amendment, searches and seizures, and case law, this quiz is designed for students, teachers, and anyone interested in the nuances of legal concepts.

Engage with 42 multiple choice questions that will challenge your understanding and application of Constitutional Law principles.

Explore various legal scenarios
Improve your knowledge of important legal rights
Understand laws related to public assembly and speech

42 Questions10 MinutesCreated by StudyingLaw321

1st Amendment:

A. SPAR: Speech, Preach , Assembly, Religion

A. SPAR: Speech, Press, Assembly, Religion

A. SPAR: Speech, Press, Assembly, Relgion

A. SPAR: Speech, Press, Align Religion

Speech NOT protected:

Preaching Words, Speech Plus

Fighting Words, Speech Plus

Oral, written, social media, pictures, symbolic

Inflict injury, tend to incite an immediate breach of peace

Unlawful Assembly

I. 5 or more people not armed ii. 10 or more people armed or not iii. AND unlawfully, riotously, or tumultuously assembled

I. 6 or more people armed ii. 10 or more people armed or not iii. AND unlawfully, riotously, or tumultuously assembled

I. 5 or more people armed ii. 10 or more people armed or not iii. AND unlawfully, riotously, or tumultuously assembled

I. 5 or more people armed ii. 20 or more people armed or not iii. AND unlawfully, riotously, or tumultuously assembled

Disorderly Person (Misd.):

Knowingly prevent or attempt to prevent an officer from effecting an arrest

Reasonable caution to believe that a person has committed, is committing, or is about to commit a crime

Persons who do not cause public inconvenience, annoyance or alarm

Persons who cause public inconvenience, annoyance or alarm

Resisting Arrest:

Knowingly prevent or attempt to prevent an officer from effecting an arrest

Level of proof that is less than probable cause but more than a hunch

B. Engage in fighting/threatening behavior, Hazardous/physically offensive, No legitimate purpose

A. Must occur in officer’s presence AND on a public way or other public place

Reasonable Suspicion

Has committed, is committing, or is about to commit a crim

Level of proof that is less than probable cause but more than a hunch

Level of proof that is less than probable cause but less than a hunch

Articulable facts, which when taken together would convince a person of reasonable caution t

Probable Cause

Believe that a person has committed, is committing, or is about to commit a crime

Level of proof that is less than probable cause but more than a hunch

That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt

A. Specific and articulable facts, which when taken together would convince a person of reasonable caution to believe that a person has committed, is committing, or is about to commit a crim

Voluntary Encounter

Police officers DO NOT need any legal justification to approach, talk with, or ask questions of any citizen in a public place, so long as the citizen is willing to listen and voluntarily answer

That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.

A crime has been committed and the person to be arrested has committed it; and

B. Engage in fighting/threatening behavior, Hazardous/physically offensive, No legitimate purpose

Frisk:

Intent to stop & question individual

A. Signal to submit to authority

Is limited to “PAT DOWN” of outer clothing and areas in suspect’s immediate control for weapons.

Verbal command

Commonwealth v. Narcisse

Having reasonable suspicion for an investigative stop DOES NOT automatically give police authority to frisk a person.*

Must have reasonable suspicion based on “specific and articulable facts” that a person is armed and dangerous

Failing to obey commands: Keeping hands in pockets may justify a frisk in close cases

Exclusionary Rule (Mapp v. Ohio):

Officers should routinely ask a suspect if he has anything dangerous

Officers may not detain a passenger during a stop based solely on the driver’s civil MV infraction

Makes any evidence seized by police in an unreasonable search and seizure admissible in court.

Makes any evidence seized by police in an unreasonable search and seizure inadmissible in court.

Traffic Stops:

Officers may not detain a passenger during a stop based solely on the driver’s civil MV infraction

A. If probable cause does not exist at the time of an arrest, the arrest is an illegal one and any associated evidence will be suppressed.

Frisking an individual prior to police transport is a reasonable precaution.

Officers should routinely ask a suspect if he has anything dangerous

K-9: not allowed during “routine” traffic stops

A. Need minimum of RS to request for canine sniff

A. Need minimum of PC to request for canine sniff

A. Need minimum of hunch to request for canine sniff

Arrests:

A. Brief detention, reasonable suspicion, unlawful design

That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt

Level of proof that is less than probable cause but more than a hunch

Most intrusive type of seizure under the 4th Amendment because they involve forcible restraint that deprives a person of liberty and freedom of movement. Therefore, probable cause is required for all arrests

Arrest: (ICC)

A. Internal b. Communication c. Control

A. Intent b. Communication c. Control

A. Intent b. Communication c. Contactl

A. Intent b. Communication c. Connect

Lawful Arrest:

A. Probable Case b. Arrestable Offense c. Jurisdiction

A. Reasonable Cause b. Arrestable Offense c. Jurisdiction

A. Probable Cause b. Arrestable Reason c. Jurisdiction

A. Probable Cause b. Arrestable Offense c. Jurisdiction

Motor Vehicle Search Incident to Lawful Arrest

Iii. NOT the TRUNK, locked items may NOT be opened

Iii. NOT the TRUNK, locked items may be opened

Iii. the TRUNK, locked items may NOT be opened

Iii. the TRUNK, locked items may be opened

Motor Vehicle Inventory Search

I. NEED: lawful custody of MV & written department guideline,passenger compartment, trunk, open/closed containers, center console, glove box – can open glove box and trunk if have keys

Passenger compartment, trunk, open/closed containers, center console, glove box – can open glove box and trunk if have keys

Area within “grabbing area”, passenger compartment, open/closed container, governed by the size of object iii. NOT the TRUNK, locked items may NOT be opened

Motor Vehicle Exception Search

I. NEED: RS & MV on public way ii. Scope and intensity = ENTIRE vehicle, governed by size of object

I. NEED: PC on public way ii. Scope and intensity = ENTIRE vehicle, governed by size of object

I. NEED: PC & MV on public way ii. Scope and intensity = ENTIRE vehicle, governed by size of object

I. NEED: Violation & MV on public way ii. Scope and intensity = ENTIRE vehicle, governed by size of object

Exit Orders:

A. Officer wants to (remove to frisk) b. Reasonable Suspicion of a crime c. To conduct a police function (search, tow, etc.) d. Community Caretaking Function (concern for driver’s well-being, medical emergency)

A. Officer Safety (remove to frisk) b. PC of a crime c. To conduct a police function (search, tow, etc.) d. Community Caretaking Function (concern for driver’s well-being, medical emergency)

A. Officer Safety (remove to frisk) b. Reasonable Suspicion of a HUNCH c. To conduct a police function (search, tow, etc.) d. Community Caretaking Function (concern for driver’s well-being, medical emergency)

A. Officer Safety (remove to frisk) b. Reasonable Suspicion of a crime c. To conduct a police function (search, tow, etc.) d. Community Caretaking Function (concern for driver’s well-being, medical emergency)

Scope

Area to be searched

The area around the house

Search is governed by the size of the item you are looking for

Search is governed by the size of the item you are not looking for

Execution of Search Warrant:

VALID FOR SEVEN (7) DAYS,c. NIGHTTIME: 10:00PM - 6:00AM

VALID FOR SEVEN (7) DAYS,c. NIGHTTIME: 11:00PM - 6:00AM

VALID FOR Six (6) DAYS,c. NIGHTTIME: 10:00PM - 6:00AM

Waiver of Miranda

A. Voluntary b. Intelligent c. Knowledge:

A. Voluntary b. Internal c. Knowingly:

A. Voluntary b. Intelligent c. Knowingly:

A. Voluntary b. Intelligence c. Knowingly:

Confrontation Clause

Defendant has the right to confront all defandent against him

Defendant does not has the right to confront all witness against him

Defendant has the right to confront all witness against him

Entrapment:

Defendant has the right to confront all witness against him

The inducement by a government agent of an otherwise innocent person to commit a crime

F. Document in quotes exact statement from witness

I. Have witness describe how sure they are in their own words

Fugitive Warrant:

Need to check that other state/jurisdiction will extradite

Do not need to check that other state/jurisdiction will extradite

RS that the location to be searched is the arrestee’s residence and reasonable belief that the person being sought is present

Protective Sweeps:

Limited, warrantless searches to conduct a cursory check of a premise for people only, not evidence

B. Search warrant issued by a JUDGE

A. Based on high degree of PC

Miranda for Juveniles:

A. Failure to have a parent or interested adult present to assist a child 13 and under will invalidate any Miranda waiver. (parent is always preferred) b. If interested adult is chosen must be 18 and not incapacitated (no mental health or drugs issues). c. A waiver for a child 14, 15, 16, 17 also requires adult assistance, unless youth is “highly sophisticated”.

Public Safety Exception:

If public safety is at stake, POs may briefly question a suspect in custody without Miranda – the questions must be necessary to prevent imminent danger to the officers or the public

Person in custody during bring back

C. Suspect can not be uncuffed only if it is SAFE to do so

C. Suspect can be uncuffed only if it is not SAFE to do so

C. Suspect can be uncuffed only if it is SAFE to do so

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